York University won a court order earlier this month requiring Google Inc., Bell Canada and Rogers Communications to reveal the identities behind individuals who sent e-mails accusing the university’s president of academic fraud, proving online anonymity is not guaranteed.
In January, York University president Mamdouh Shoukri named Martin Singer the inaugural dean of the Faculty of Liberal Arts and Professional Studies. In Shoukri’s press release, he called Singer “a scholar of Chinese history and a veteran academic administrator.”
In early February, a group calling themselves “York Faculty Concerned About the Future of York University” sent out an e-mail denouncing the president’s praise for the new dean and posted it to a York faculty website.
“President Shoukri’s fraudulent promotion of Martin Singer as the most powerful academic administrator at York University is a scandal and a disgrace,” read the e-mail. “In any reputable university, lying about credentials is the gravest offence.”
On Aug. 4, York convinced the courts to order Google Inc. to expose the identities behind those using the e-mail address. The identities could not be determined without additional information from Bell and Rogers, which led to this month’s ruling.
To reveal the identity of an individual online, you don’t have to fully prove that their comments were lies, said Eric Goldman, director of the High Tech Law Institute in Santa Clara.
“The courts sometimes have mini-trials before revealing the identity,” he said.
People can still voice their opinions in anonymity, as long as it is true.
“If someone’s reputation suffers from a result of what you say, that’s tough luck – as long as there is a basis for what you are saying,” said Muscovitch. “The law is more interested in protecting the truth than hurt feelings.”
Professor David Noble of York University was listed as a contact on the e-mail sent out and told the National Post that the accusations were valid and that York was “trying to create a chill among faculty.”
However, Justice George R. Strathy wrote in his decision that the case for defamation “appeared to be reasonable and made in good faith.”
York has probably spent tens of thousands of dollars to reveal the identities, said Muscovitch.
Alex Bilyk, director of media relations at York, said it is still to be determined what actions are to be taken against the identified.
It would take further litigation to prove that the comments were false and defaming.
Students should be careful about how they criticize their universities online.
“For example, you could say that professor Jones’ course was unfair because he gave no As, despite high quality essays,” Muscovitch said. “You can’t say he changed a mark from A to B to screw a student he didn’t like.”
Puneet Badh, a second-year economics student at McMaster University, said open criticism is important.
“I think it’s only fair to be able to voice any grievances you have with your school,” Badh said. “Not only is there a chance it might inspire change, but also, it allows high school students to make more educated decisions about where they want to spend their undergraduate career.”